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Mr. Richard Raines March 17, 2009 <br />Middle Poudre Combined Plan - Lafarge West, Inc. Page 8 of 9 <br />P <br />longer an effect on stream flow. Granting of this plan does not imply a position by our office on <br />any litigation associated with case nos. 2004CW111 or 2002CW205, or any other case. <br />13. Dewatering at the Kyger Pit, Three Bells Pit, Greeley 35th Avenue Pit, and Shield Mine will <br />produce delayed depletions to the stream system. As long as the pits are continuously dewatered, <br />the water returned to the stream system should be adequate to offset the depletions. However, <br />once dewatering at the sites cease, the delayed depletions must be addressed. A plan that <br />specifies how the post pumping dewatering depletions (including refilling of the pit) will be <br />replaced, in time, place and amount along with the evaporation from groundwater exposed at the <br />sites after the dewatering stops was presented in the proposed plan. <br />14. If dewatering of the Kyger Pit, Three Bells Pit, Greeley 35th Avenue Pit or Shield Mine is <br />discontinued, the pits would fill creating additional depletions to the stream system due to <br />increased evaporation. To assure that additional depletions to the river do not occur, a bond for <br />$717,000 for the Kyger Pit, $60,000 for the Three Bells Pit, $78,727 for Greeley 35th Avenue Pit, <br />and $277,500 for the Shields Mine through DRMS for lining or backfilling of the lakes has been <br />obtained. Therefore, if the dewatering is discontinued, these bonds can finance the completion of <br />the lining of these pits or the backfilling, thus preventing depletions to the stream system. <br />15. The Shield Mine will be dewatered into the Fossil Creek Reservoir Inlet Ditch. This ditch lies <br />directly to the west of the Shields Mine. The discharge into the Fossil Creek Reservoir Inlet Ditch <br />is the proposed mitigation to address any drawdown impacts from mining in close proximity of the <br />ditch. After subtracting the transit losses (from the Fossil Creek Reservoir Inlet Ditch to the Fossil <br />Creek Reservoir) the dewatering water is measured and returned to the river from the Fossil <br />Creek Reservoir outlet. The releases shall be measured in a manner acceptable to the water <br />commissioner and the division engineer. Within 30 days of your receipt of this letter, the <br />Applicant is required to update the accounting to include the transit losses of the <br />dewatering water from the Shield Mine and provide additional replacement water to replace <br />those transit losses. <br />16. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and <br />Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />17. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any pending water court <br />case or any other legal action that may be initiated concerning this plan. This decision shall not <br />bind the state engineer to act in a similar manner in any other applications involving other plans, <br />or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact <br />or conclusions of law contained herein, or with the engineering methodologies used by the <br />Applicant.